§ 37-17. General prerequisites to advertising or conduct of sale.

(a)

It shall be unlawful for any person proposing to conduct or conducting a sale to induce or to attempt to induce the public to purchase or otherwise acquire title to or an interest in goods, wares and merchandise at a sale by means of any publication or advertisement in a newspaper, magazine, book, notice, handbill, poster, circular, pamphlet, letter, billboard, sign, radio or television broadcast or in any other manner unless:

(1)

In the case of an insurance sale, the goods, wares and merchandise are or were in fact the subject of or insured or covered by an insurance contract.

(2)

In the case of a bankruptcy sale or bankrupt sale, the goods, wares and merchandise are or were in fact the estate or assets or part of the estate or assets of a bankrupt or other insolvent.

(3)

[Reserved.]

(4)

In the case of a removal sale, the seller in fact and in good faith intends to move the seller's place of business to another location under the same or similar trade name within the city.

(5)

In the case of a closing-out sale, the seller in fact and in good faith is abandoning the continued sale of the goods, wares and merchandise or is going out of business.

(6)

In the case of a going-out-of-business sale or a quitting-business sale, the seller in fact and in good faith intends to go out of business.

(7)

In the case of an assignee's sale, the goods, wares and merchandise are or were in fact subject to an assignment for the benefit of creditors or some other person or persons.

(8)

In the case of a fire sale, smoke sale or water sale or any combination thereof, the goods, wares and merchandise have been subject to damage by fire, smoke or water.

(9)

In the case of a sale bearing a similar name or name of similar import, the representations made with respect thereto or to the goods, wares and merchandise are in fact true.

(b)

It shall be unlawful for any person to sell or offer for sale, at or during a sale, goods, wars and merchandise, unless such goods, wares and merchandise, or the circumstances under which they are sold or offered for sale, are in fact and in good faith the same as those set forth in subsection (a) of this section.

(Ord. Nos. 630; 1778; 2198; Code 1961, § 25-39.1; Ord. No. 3820-89)

Cross reference— Advertising, Ch. 3.

(Ord. Nos. 630; 1778; 2198; Code 1961, § 25-39.1; Ord. No. 3820-89)

Cross reference

Advertising, Ch. 3.